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in English The diploma thesis addresses the precautionary principle and its role in environmental protection. In the introduction the author deals with the origins of application of this principle, its definition and its primary characteristics. Precautionary principle is distinguished from prevention principle and differences between terms principle and approach are assessed. Subsequently the thesis describes the current state of incorporation of precautionary principle in the individual areas of environmental protection and specifies the typology of various incorporation methods. Furthermore, significant case law regarding the subject principle is introduced and the current importance of the principle is evaluated. Substantial arguments of precautionary principle critics are also included. In the final part of the thesis, the author outlines de lege ferenda ideas concerning the precautionary principle, including efficient methods of incorporation of the principle, solutions to flaws of current regulations and draft of template provisions of precautionary principle application.

This work aims to analyze legislation on the management of packaging and packaging waste. The object of the research is European legislation from the Czech -based treatment, which are discussed in detail. The focus of the work is the chapter dealing with the life cycle of the packaging. The rights and obligations of responsible persons related to different stages of the life cycle of the packaging are in Act No. 477/2001 Coll., On packaging and related regulations set out in detail so as to fulfill one of the basic principles of packaging issues "From the cradle to the grave." The work aims at the systematic distribution of these rights and obligations of the different stages. The last chapter focuses attention on beverage containers, specifically comparing the environmental impact of one-way and returnable beverage containers.

The aim of this thesis is to describe and subsequently analyze the establishment and the development of the European legal regime for greenhouse gas emission allowance trading. Methodology of the thesis is focused on capturing the processes of establishment and development of the emission trading regime as processes of rather dynamic nature, having their causes and consequences, and so is not only an isolated description of each of their respective stages. The dynamics of development is analyzed within each of the basic elements of the emission trading regime, taking due account of the relevant case law of the Court of Justice of the EU. Given the considerable complexity of the subject concerned, and therefore also the need for integration of the analysis into a certain perspective, a brief explanation of the phenomenon of climate change, including its economic implications, as well as of the international legal framework set up to tackle this issue forms a part of this thesis.

This thesis addresses the problem of Czech Environmental Inspectorate and the general protection of the environment. I focus on the history of the protection of the environment, both at international, European and national. Further, I develop inspections in our area and grounds of Inspection, its scope (both substantive and territorial) and its competence in all major components. For comparison, I also deal with environmental protection in other European countries (I chose two Western European countries, which have a relatively long history of environmental protection). Most, however, devoted to the performance of supervision, both in general and specifically as one of the powers of inspection to all five areas. At the end of the deal by providing information and differences in process the individual laws. The aim is to introduce the reader to general environmental protection, and especially with the functioning of Inspections and its importance.

Tato diplomová práce se zaměřuje na mezinárodní právní nástroje ochrany klimatu, zejména flexibilní mechanismy v kontextu Kjótského protokolu a Evropský systém pro obchodování s povolenkami na emise ("EU ETS"). První kapitola představuje vědecké teorie zabývající se změnou klimatu. Ve druhé kapitole je shrnut historický vývoj mezinárodní činnosti v oblasti ochrany klimatu. Ve třetí kapitole se nachází analýza principů vztahujících se k ochraně klimatu a úprava flexibilních mechanismů. Následující kapitola analyzuje ochranu klimatu v kontextu EU. Pátá kapitola detailněji analyzuje EU ETS, jeho praktické aspekty a další vývoj. Powered by TCPDF (www.tcpdf.org)

The aim of this thesis is to analyse position and possibilities of a municipality in the Czech Republic in the field of environmental protection. The thesis is divided into six basic parts. The Introduction briefly illustrates the importance of municipalities and explains the system of this thesis. Chapter One deals with the environment, especially with its protection under the Czech constitutional law. Municipalities and their bodies are characterised in Chapter Two. The next chapter describes the town and country planning and examples of bylaws issued by a municipality within its separate power in order to protect the environment. Chapter Four introduces the legal instruments which can be used by a municipality in environmental protection within delegated power. In the Conclusion, the author draws attention on several problems connected with participation of municipalities in environmental protection, nevertheless he highlights that municipalities play an unquestionable role in this field.

This Master's degree thesis deals with the renewable energy sources regulation in the Czech Republic. It also mentions the European Union legislation on the topic and its development and focuses on the most important Directives and their goals as well as Member States' obligations. It presents Czech regulation in force and the conceptual documents in greater detail. It also points out the system of support available for the promotion in using the renewable sources of energy. Finally it examines the renewable energy sources of the small extent and the decentralized power generation as well.

This diploma thesis deals with the topic of principles of international climate change law. At the beginning of the thesis the issues relating to principles in general and their role in environmental law is briefly described. Then the topic of international regulation of climate change is presented in brief, including the analysis of actual conditions and a summary of the current situation. The next chapter in detail deals with the various principles which may be found in the international climate change law and its protection and which are typical for this area. Primarily, these principles include the principle of common but differentiated responsibilities, the principle of precaution, the principle of cooperation and sustainable development, and also other principles are briefly mentioned. The particular principles are at first introduced in general and subsequently their effects in the climate regulation area are analyzed, including also a brief evaluation of the principles and outline of the recent situation. Furthermore, certain de lege ferenda notions are introduced when appropriate.

The subject of this diploma thesis deals with the right to a favorable environment, according to the Article 35 of the Charter of the Fundamental Rights and Freedoms. The main aim of this thesis is to describe the essence of this right and then analyze its justiciability according to the legal form of the person to whom the right is granted. The thesis describes the fundamental theoretical approaches towards the subject and analyzes the czech high court's case law regarding the differing possibility of a judicial enforcement of the right to favorable environment for an individual and a legal person (environmental non-governmental organizations) respectively.

Public participation in selected procedures according to Building Act relating to the environment Summary The object of the thesis is to point out to the issue of inequality of rights of individual and rights of civil associations in planning and building procedure relating to the environment. The decisions resulting from the relevant administrative procedures could significantly affect visual aspects and quality of our environment therefore the public participation in these proceedings and decision-making process is one of the most important means for the public to influence their surroundings in terms of environmental protection. Yet the participation in relevant proceedings is not always expressly permitted by the law. The thesis could be categorized into four main content parts that are subsequently divided into separate sections and subsections. In the first part consisting of three main sections the thesis is focused on definition of the analyzed topic, general regulation of the relevant administrative procedures, the issue of civil associations and the process of its incorporation according to effective and adopted laws. The second part analyzes one of the fundamental topics of the thesis, i.e. the possibility of public participation in planning procedure. The thesis separately concerns with the...

Regulation of genetically modified organisms and nanotechnology (comparison of British, Czech and Slovak legislation in the context of EU) The aim of this thesis is to first compare the british, czech and slovak legislation relating to genetically modified organisms. By the analysis of their respective features, the author points out the difficult bits and tries to look for the ideal solutions to the current problems of the european GM legislation. In spite of the fact, that the european legislation in this field is highly harmonised, there are still some areas that can be regulated by the member states as well as some holes waiting to be fixed. This thesis is composed of six main chapters which correspond to six main topics of present biotechnology legislation that are in the author's opinion the most significant. First chapter deals with the basic issues of releases of genetically modified organisms into the environment, on market, and with their contained use. Secondly, the author dissects the GM labelling and traceability legislation and shows the various thresholds of GM presence that are applicable to different areas. Third chapter then analyses the rules on co-existence between GM plants on one hand and conventional and organic plants on the other. Nextly, the unilateral acts of member...

This thesis is focused on legal regulation of renewable resources of energy. The main focus of this thesis is to analyse Czech regulation in the area of renewable resources while discussing the related practical problems and impacts. I also mention related legal disputes and possible legal consequences of the steps the Czech government decided to take in the area of regulation of the renewable resources of energy.

Legal regulation of the international trade in endangered species Abstract The topic of my thesis is legal regulation of the international trade in endangered species of wild fauna and flora. The conservation of biodiversity - the diversity of the life on the earth - is one of the most important goals within the protection of the environment. The international trade in endangered species of wild fauna and flora is definitely one of the most serious problems that threaten the biodiversity. I have chosen this topic because it is constantly up to date and due to the interest in this issue. The aim of this thesis is to describe the general overview of the present legislation of this issue. The thesis is composed of an introduction, three chapters and a conclusion. The purpose of an introduction is to inform about the international trade in endangered species and explain what is its position within the protection of the environment. Chapter One deals with the international legislation of the trade in endangered species, which means the regime of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This chapter is subdivided into seven subchapters which are focused on general characteristic of the international legislation, then explain the necessary conditions of the trade...

Legal regulation of animal testing The diploma thesis is analyzing current legislation in the field of animal experiments. It is formed by five chapters and each chapter is concerned with different aspects of animal protection, when focusing on experimental animals in particular. The first chapter is divided into three subchapters and it is successively describing development of animal experiments, progress of legislation dealing with animal protection and experimental animal protection on the international and European level, when analyzed is also Czech legislation in the last subchapter. Second chapter is focused on the basic legal sources and its legal foundation. It has four subchapters, when every subchapter explains relevant terms, which are being formulated in the experimental animal protection law. This chapter of the diploma thesis also involves sections dedicated to experiments and alternative methods of the experiments. Following chapter of the thesis (chapter nr. 3) describes legislation of the experimental animal protection and it is constituted by three subchapters, which are regarding ensuring expertness of the experiments, farming of and caring for the experimental animals and also approving, progress and finishing the process of the experiment. Every subchapter is then divided into...

in English - Environmental migrants The purpose of my thesis is to analyse both the status quo as well as the possible evolution of the policy framework of the environmental migration. The thesis is composed of five chapters, each of them dealing with different aspects of environmental migration. Chapter one is introductory and describes an overview of the historical content of environmental migration. Environmental migration is not a new phenomenon. Natural and human-made environmental disasters have caused migration of people in the past and continue to do so. This chapter addresses the linkage between environment and migration, which led to the elaboration of a typology of environmental migration. Chapter two characterises the most frequently used definitions of environmental migrants. Environmental migration has been the subject of lively debate in recent years but there is still no internationally agreed definition of environmental migrant. Chapter three examines relevant current legislation concerned to environmental migration. It discusses refugee law, statelessness, humanitarian law and human rights law. The current legal framework for dealing with the issues surrounding environmental migration is underdeveloped. Chapter four concentrates on possible proposed protection regimes. This...

Rigorous thesis introduces readers to issues of legal regulation of natural medicinal resources and sources of natural mineral waters usage. Czech territory disposes, due to its varied geological structure, extensive quantity of these sources, which, in dependance on its physical properties and chemical composition, can be used to both medical purposes within the frame of spa medical rehabilitation rendition and commercial purposes for bottling and production of bottled mineral water, which fulfills criteria and attributes both remedial and drinkable and bottleable source. Due to the fact, that listed sources are components of natural resources, it is necessary to properly protect them and use them according to this foreknowledge. It also means adjustment of such legal protection level, which ensures usage of these sources according to conditions allowing its proper preservation for the next generations. In response to usage of natural medicinal resources to spa medical rehabilitation care this matter falls within the scope of Czech inspectorate of spas and springs, Ministry of Health. Nowadays is this matter regulated by law No. 164/2001 Coll., Spa Act and respective implementing regulations. After ten years of such application in practice can be more clearly seen needs of novelisation of some...

SUMMARY: International law and protection of cultural heritage of humankind The thesis deals with international legal regulation of the cultural heritage of humankind. The aim of this thesis is to find the answer to the question whether there is any effective legal regulation capable of protection of cultural sites, objects and monuments against the destruction and devastation and of their conservation for future generations at the international level. It will be concluded that many conventions with different scopes of protection provide insufficient legal tools and therefore contain an ineffective enforcement mechanism. On the other hand the inconvenience also stems from the unwillingness of states to join those conventions that are stronger in their requirements. Eternal trouble seems to be financing as well. The thesis consists of seven chapters. Fundamental chapter is titled International legal sources of cultural heritage protection and is divided into thirteen sections, each section analyses particular cultural heritage convention. The third chapter describes most influential subjects of international law that operate in the field of cultural heritage protection such as UNESCO, ICOMOS etc. The fourth chapter introduces main legal principles that are commonly used in cultural heritage treaties. The...

IN ENGLISH Atomic Law deals with the modern phenomenon of atomic energy and is constantly evolving. This thesis deals with the Czech atomic law. Given the seriousness of the issues in nuclear safety and radiation treatment is Czech law very consistent with the international and European level, as this work takes into account and includes. Due to a number of technical terms , which are necessary to work with, some of the terms are defined in the introduction of this thesis. These are the most common and very basic concepts, such as: "nuclear energy", "ionizing and non-ionizing - radiation"and also "atomic law". The thesis also covers some aspects of atomic energy in terms of the potential benefits and risks that come with its use entails. Furthermore, it pays attention to the legislation itself. Firstly from the perspective of international law and European Union law, which have a major influence on national legislation . Afterwards some of the basic regulatory objectives, nuclear law and most general and special legal principles applied in this area are described. The following is a brief overview of nuclear law in the Czech Republic together with Chapter dealing with in the activities and organizations of the State Office for nuclear safety , as the central authority in the field of peaceful use of...

Many people worldwide are forced to leave their homes because of serious degradation of environmental conditions, natural disasters and depletion of natural resources. Growing impacts of climate change and global warming on the environment and human mobility are becoming increasingly worrying, creating a need for protection of those environmentally displaced persons. Although there has been a great attention paid to this phenomenon, the category of so-called "environmental refugees" still continues unrecognized by the international community. The paper examines the circumstances under which environmental migration occurs, its causes and consequences. It deals with state obligations rising from the international environmental law, especially those related to climate change. It deals with the terminology related to the environmentally displaced persons, such as environmental migrants, environmental refugees or environmentally displaced persons. It presents their classification and defines the key terms. The paper also mentions cases of environmental migration in the world and their possible solution, highlighting the need for prevention and adaptation. Most of the paper is dedicated to the analysis of the legal status and rights of environmentally displaced persons. The paper analyses the...

This rigorous thesis analyzes in detail the legislation relating to the territorial nature and landscape protection and that of the European and Czech perspective. The thesis describes the legal sources of European nature and landscape protection from the most general point of view, with focus on certain articles of the Treaty on the Functioning of the European Union and EU Action Programs, including the new EU Biodiversity Strategy to 2020. The thesis also refers to the historical development of nature and landscape protection in the Czech lands to the present. It also describes general and special territorial protection in the Czech legal system, included especially in Act No. 114/1992 Coll and analyzes various legal instruments of nature and landscape protection. The thesis describes the European law (Habitats Directive 92/42/EEC and Birds Directive 2009/147/EC, also judgments of the European Court of Justice) and Czech legal sources concerning the Natura 2000 network, and evaluates the success of the transposition and implementation of the Directives in Czech law. In conclusion of the thesis there is used the comparative method to compare Czech legislation relating to Natura 2000 with the special territorial protection and author highlights the differences between them. Two chapters of the...

The thesis is written on the topic of International Legal Conservation of Cetaceans and captures important legal questions in maintaining the status of cetaceans in order to maintain their population. The work examines the sources of international law in the conservation of cetaceans both global and regional levels, which usually arise the respective commitments of the international charakter to the Czech Republic.

Very important tool of environmental protection is land-use planning which is subject of this work and which deals with town and country planning. Town and country planning ensures the preconditions for sustainable development of the area by means of continuous and complex solution of useful utilization and spatial arrangement of the area with the aim of achieving the harmony of public and private priorities in relation to the development of the area.In my work I dedicate space to conceptual tools of land-use planning such as planning analytical materials, planning studies, spatial development policy, planning documentation. Of course I analyze also functioning of public administration in country and town planning in my work. It is important for understanding of a theme to determine its foundations that is based on.No less important tool as a part of my work that serve for environmental protection is Environmental Impact Assessment. In the Czech law system, this domain is regulated by the Act 100/2001 Coll., About Environmental Impact Assessement and About the Modification of Some Acts, as subsequetly ammended, and the laws difference between the intention of construction, activity and technology (EIA) and concept, strategy, policy, plan and programs set or allocated by a public administration authority...

This master degree thesis is focused on the rights and obligations of agricultural land owner from the perspective of right. Land belongs to most important sources of planet. Human being cannot alive and exist without agricultural land and cultivation of agricultural land helped to developed modern human civilization. Soil has been threatened on area and as well as quality especially by human, therefore is needed effective legal regulation with a balanced respect for property rights and the public interest in protecting of agriculture land and the environment. The main goal of thesis should be critically analyze on legislation (especially Laws, but also Government Regulations and Notices), regulating the ownerships of agricultural land. After general part of thesis, analyzing ownerships in general follows the interpretation of the ownership of land parcels, supplemented by the system and the development of land registration. The main part of thesis consists of a chapter entitled the rights and obligations of agriculture land owner, which is divided into modes of protection of agricultural land (in terms of area and quality), protection of larger area under Act on the protection of nature and landscape and other laws. The conditions of contemporary agricultural land are dealt in the last chapter of thesis....

WTO Jurisprudence in Environment-related Disputes Abstract There are a growing number of environment-related disputes before panels and the Appellate Body of the World Trade Organization (WTO). The usual pattern is that one member of the WTO adopts a measure aiming at environment protection, while another WTO member considers the measure to be a restriction on international trade. The following complaint usually alleges violations of most-favoured nation treatment, national treatment, or prohibition of elimination of quantitative restrictions. The defending party then has to prove that its measure falls under one of the exceptions allowing them to restrict trade. These environment-related are a subject of this thesis. In introductory chapters, we explore the evolution of GATT/WTO approach towards the environment, the dispute settlement system, and the substantive law of this international organization. Then we analyze relevant jurisprudence from the very first dispute in 1980, when the US failed to defend their import ban on imports of tuna from Canada, to the recent Brazil ban on import of retreated tyres for their negative impacts on the environment and human as well as animal health. Then we turn to the current, yet undecided dispute on the conformity of a seal products ban with the rules of the WTO. In...

The thesis deals with the legal term of waste . It is focused on definition of waste in international, European and Czech legislation with special accent on Waste Act No. 185/2001. Common parts of definitions are pointed out. Description of terms discard and by-product is provided. The thesis includes decisions of The Court of Justice of the European Union which formed the term of waste . Decisions of Czech administrative authorities are used to support the theoretic analysis of the issue.

This thesis deals with the major accidents in terms of legal regulation in the area of prevention, control and liquidation of consequences of major accidents. The first part defines the term "accident", and gives examples of the most serious accidents in the world. In the second part the thesis states sources of regulation of serious accidents in the international, European Union law and the Czech law. The focus of the work is in the third part, which defines basic elements of legislation in area of prevention of major accidents caused by chemicals in accordance with Act No. 56/2009 Coll., On the prevention of serious accidents caused by chemicals or chemical products and other related legislation from environmental protection. In the fourth part are summarized legal aspects of the control and disposal of major accidents in the Czech law, by mentioning the responsibilities of operatores of buildings and facilities in the event that disaster can not be averted, or that an accident has already occurred, further indicating the essential elements of the emergency legislation and commissioning of liability relations in issues dealing with the consequences of major accidents.

Diploma thesis deals with alien species, primarily invasive species. Only in Europe there are 10 822 alien species, of which 10-15% could have a negative economic or ecological impact. Thesis highlights the threat alien species pose to the original species, biodiversity and human health, and necessity of cooperation in resolving this issue. The author gives their characteristics and provides an overview of legislation in the field of international, European and Czech law.

The purpose of this paper is to analyse legal regulation of genetically modified organisms ("GMO"). This work consists of seven chapters and focuses especially on differences in regulations of the United States of America ("USA") and European Union ("EU"). While the USA consider GMO equal to other products and have no GMO specific legal norms, the EU regulates GMOs with directives and regulations which set GMO apart from other products. Conclusions are being drawn in last chapter. It is suggested, that the protective and economic approach to the GMOs should be ballanced out on the international law scene, so that the development of biotechnology is not slowed down too much, while safety to human health and environment is guaranteed.

This thesis would like to describe expropriation as an institute of contemporary legal regulation. I decided to write about the expropriation from the view of the land law, because of the object of expropriation. My thesis is focuses on expropriation as interference of power in which the state agency issuing the constitutive act establishing the property right to the person completely different from the previous owner. I started my thesis with the short division of the constitutional bases of the institute property concentrating on land and expropriation, its legal conditions and emphasize differences from the others interferences with the property right in history. The purpose of my thesis is to define expropriation, try to interpret the law provisions, its position in the legal system of the Czech Republic and make a small confrontation by the legal regulations of foreign countries.

(English) The purpose of my thesis is to analyse possibilities provided by current legislation to protect individuals against negative effects caused by exessive noise and vibration. The reason for my research is that at the beginning of the new century noise and vibration became one of the most dangerous sources able to threaten or even demage men's health and environment. The thesis is composed of six chapters, each of them dealing with different aspects of noise and vibration. There is always a short summary at the end of each chapter. Chapter One is introductory and defines basic terminology used in the thesis: sound, noise and vibration. The chapter is subdivided into five parts. Part One explains the physical and legal meaning of noise and vibration. Part Two describes the main sources of exessive noise and vibration. Part Three analysis negative effects on human health. Part Four compares noise and vibration protection measures. Part Five mentions the mostly used environmental legal instruments. Chapter Two examines international legislation concerning noise and vibration. The chapter consists of two parts. Part One focuses on documents issued by WHO. Part Two deals with activties of ILO. Chapter Three is subdivided into six parts and provides an outline of European Union law. Part One...

Legal Aspects of National and International North Sea Conservation of Cetaceans Presented diploma thesis focuses on the protection and conservation of cetaceans in the North Sea. The main goal of this paper is to determine how law contributes to the protection of these creatures, to name the most important instruments that help to protect cetaceans at international, regional, subregional and national levels. For protection of cetaceans it is also necessary to identify the natural way of life and behavior of these animals and to learn more about the dangers they face and how they can be prevented. The thesis is divided into six parts. The first two parts are devoted to introduction to general biological and factual context of the protection of cetaceans and recapitulate the historical process of whaling and the dawn of their protection. The third chapter briefly summarizes legal regime of the sea and regime of living marine resources that is decisive for their protection and describes an international background of the marine biodiversity protection. Though my thesis is focused on the preservation of cetaceans of the North Sea, the core instruments of their protection are nowadays two global international contracts, the International Convention for the Regulation of Whaling and Convention on...

The present thesis begins with a brief overview of some of the most important international, mainly global conventions relevant to the protection of biological diversity in its entierety. Subsequent chapters then deal with some species or higher taxons of marine mammals, in particular with cetaceans, polar bears and pinnipeds. The aim was not only to analyse relevant international conventions, but also to discuss some interesting and precise questions that complete and form the conservation regime.

1 Abstract and keywords The legal regulation of wood species growing outside the forest Keywords: Wood species growing outside the forest in Czech Republic, wood species growing outside the forest in Austria, history of legal regulation of wood species in Czech Republic. Abstract: Topic of thesis is the public protection of wood species growing outside the forest in the legal order of the Czech Republic and Austria. The focus of thesis lies by Czech law. Reflected its development, current legislation and existing state of protection of wood species growing outside the forest in decision-making activities of the courts and the Ministry of Environment. Austrian legislation is viewed more as an inspiration for proposals de lege ferenda. Protection of nature and landscape in Austria is in the individual competence of each country, so it is not completely uniform. Special laws on the protection of the trees are only in Vienna and Styria, so the point of comparison is the legal order in these countries. Introductory part of the thesis defines the term wood species growing outside the forest and discusses their relevance for man and their place in the natural processes. Aesthetic and biological functions of trees forms the background the legislation. These functions created the material basis for the public...

This thesis is concerned on topic Instruments of environmental protection in Czech law. It exists a lot of instruments of environmental protection, which are connected with law in some way. This thesis is concentrated on the most important a most widely used. The first chapter presents an brief introduction to the issue, it deals with general environmental protection, categorisation of instruments and with environmental protection on international and European level. The second chapter deals with conceptual instruments, which includes different policies, plans, programs, projects and other documents that constitute the conditions for the functioning of other categories of instruments. In this chapter is purpose, categorisation and way of creation of conceptual instruments described. It includes examples of conceptual instruments in Czech law as well. The third chapter covers administrative instruments. It is the oldest and most widely used category of instruments of environmental protection. They are mainly represented by general legal rules and individual administrative acts. This category also contains standards, categorisation, inspection and eco-legal liability. The fourth chapter is focused on economic instruments. The aim of it is to motivate subject to behave ecologicaly. The motivation is...

v anglickém jazyce This thesis characterises legal regulation of plants and animals protection. In the last decades, there is an increasing loss of biological diversity, which mainly results from human activities. It is therefore necessary to create legal measures that will eliminate the causes of threats to biodiversity and prevent the loss of animals and plants. The purpose of my thesis is to analyse some of the selected most important measures. The thesis is composed of four chapters. Part one describes biological diversity of the Czech republic and the causes of threats to biological resources. Chapter two examines relevant legislation and main approach to legal protection. Part three concentrates on the selected most important legal measures, which are subdivided into conceptual, administrative, economic and voluntary measures. Chapter four describes the conclusions.

OF THE DISSERTATION ON "PUBLIC INTEREST IN ENVIRONMENTAL LAW" Zdeněk Horáček, 2011 The dissertation examines public interest in environmental law. Due to the lack of professional resources dealing with the very concept of public interest, the dissertation offers its basic definition and relevant connections, but always in relation to the institutes of the environmental law. Interpretive and historical aspects of public interest are analyzed and basic definition features, classification and process of the formulation of public interest, including correction of the improper process, are established. The dissertation specifies public interest in environmental law as a legally defined value of environmental protection shared by whole society. Such a public interest is promoted in all the phases of evaluation and authorization of a project that may be harmful to the environment, in the extent always depending on the specific situation. The dissertation concludes that environmental protection is a worldwide shared value and public interest. In addition, public interest in environmental protection is a criterion for a decision making process carried out by public authorities, and the resulting public interest (adopted solution) depends on the specific circumstances of the situation.

This thesis deals with the relationship between environmental protection and ownership rights. The thesis describes the concept of the environment in the Czech constitutional law. Furthermore, it concerns with international legal and constitutional enshrining of property rights and the right to a favorable environment in terms of constitutional case law. Then in the third part followed by the regulation of restriction of ownership rights, the legal conditions under which is expropriation possible and editing voluntary contractual ownership restrictions in order to protect the environment. The focus of the work, in the fourth part, is dealing with the legal regulation in current legislation, an effort to capture the most significant limitation of property rights from the perspective of the owner of the individual parts of the environment, as well as the analysis of selected provisions of environmental law. Finally, this thesis is the formulation of the specific locations of the main conflicts between the protection of the ownership rights and the general interest in environmental protection. A general effect of environmental awareness throughout the company is to decide which of these interests, whether environmental protection or the protection of property rights, in the particular case outweighs...

The thesis deals with the issue of legal regulation of compensation for damage caused by protected species of animals. It analyzes the most important legal sources relating to the protection of biodiversity and focuses on legal theory and practice of a highly interesting issue of legal status of animals. The thesis also clarifies alternative solutions for compensation for damages, including possible future legislation on this issue, and a brief comparison of the Czech legislation with the legislation of the Federal Republic of Germany.

Miroslav Ottomansky Legal regulation of protection against air pollution from mobile sources The goal of this thesis is to map tools used for legal regulations of mobile pollution sources. Thesis focuses on problematic regulation of motor vehicles' pollution in Czech Republic, however it also outlines basic legal adjustements related to other mobile pollution sources. Thesis starts with basic introduction to this problematic followed by overview of international legal regulations and main conceptional tools used for legal regulations in European Union. In the chapter dedicated to the principles of european law in terms of regulation of mobile sources' pollution thesis tries to research how are those regulations already being applied to specific legal norms. One chapter is dedicated to protection of rights for convenient environment and their prosecution. In the next part of the thesis the normative regulations within emission standarts, approval of types, requirements for fuel quality and control of emissions of motor vehicles are examined. In the last chapter the new legal adjustment of mobile sources' pollution named in the law of enviroment protection is briefly explained in context with increasing number of problems with regulation of road traffic in cities. Key words: air pollution from mobile sources,...

The subject of my thesis is The regulation on the wild fauna protection. Recently, there is the loss in biodiversity and this may have a negative effect on the entire mankind. The main reason includes the effects of invasive species and habitat loss. I chose this topic because of the combination of my interests in the environmental law and also in zoology. I would like to try to comprehensively describe the rules governing the protection of wildlife. Since it is adapted in a large amount of legislation, it is very difficult to orientate in that. This work should help in the basic understanding of the problems and introducing readers into the aspects of this topic. The thesis is divided into six chapters. The first chapter summarizes the general background and reasons of the biodiversity loss. Also mentioned is the current context. The second chapter describes a historical development of the nature protection with the focus on the reasons why the wildlife was protected. The third chapter summarizes the main international conventions in this area, which are the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, Convention Concerning the Protection of the World Cultural and Natural Heritage, Convention on International Trade in Endangered Species of Wild Fauna and...

The main goal of this thesis is to analyze the Environmental Impact Assessment (EIA), which is one of the most important horizontal tools for environmental protection. The EIA process can be described as the procedure of identification and assessment of potential significant effects of a project on the environment. The information and outputs provided by the assessment process are considered by decision makers before a decision is made. The EIA process was first mentioned in the US in the National Environmental Policy Act (NEPA) 1969. Then the EIA process was adopted in other economically developed countries. The beginning of this thesis is focused on two significant multilateral environmental agreements - The Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention) and The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Then the EU legislation related to the EIA process is described (especially Council Directive 85/337/EEC - the EIA Directive). The following part analyzes the Czech legal regulation of the EIA process that is included in Act No. 100/2001 Coll. Attention is turned to historical development, particular phases of the EIA process, the transboundary...

Legal regime of transboundary shipments of waste The aim of my thesis titled "Legal regime of transboundary shipments of waste" is to deliver a comprehensive analysis of legal aspects of cross-border shipments of waste. The thesis aspires to describe and interpret the various regulations and norms that govern this area, regardless of whether they are of international, European or national origin; it also evaluates whether the legislation provides sufficient tools for protection of the environment and whether the cross-border shipments of waste are desirable from the perspective of environmental protection. The thesis consists of eleven chapters. The first three chapters provide a theoretical introduction to the topic - chapter one contains the basic objectives and definition of the legal regulation of cross-border shipments of waste; chapter two outlines the fundamental principles of the environmental law and their applicability to the shipments of waste; and chapter three introduces the reader to the historical development of the subject matter in question. Chapters four to eight of the paper are devoted to the description and analysis of the legislation currently applicable. The fourth chapter describes international treaties such as Basel, Bamako, and other conventions. The fifth chapter focuses on...

The topic of this master thesis is the international legal regulation of the protection of marine mammals. The thesis concentrates primarily on the analysis of the species based international law instruments for the protection of the individual marine mammal species. This thesis is divided into six chapters. The first chapter addresses the main principles of the international environmental law, which have the biggest influence on the protection of marine mammals (biodiversity protection, precautionary principle and sustainable development). The second chapter describes the regulation of fisheries, which is closely related to the protection of marine mammals. This part deals with the historical beginning of the international regulation of fisheries, the UN Convention on the Law of the Sea, the division of the sea areas, regulation of individual fish species and the regulation of fisheries after the UNCLOS. The particular instruments of protection of individual species of marine mammals except Cetaceans are described in the third chapter (i.e. polar bears, Pinnipeds and Sirenidae). The protection of Cetaceans is analyzed in detail in the fourth chapter. The protection of whales on the ground of International Whaling Commission is accented. This chapter describes also the standpoint of the whaling countries...

ENGLISH SUMMARY Coal mining is an important activity which significantly contributes to the economy of the Czech Republic. Coal is currently still indispensable material for many industrial branches, but coal mining has serious and wide-ranging consequences for the environment. Coal mining influences negatively especially the appearance of landscape, the soil conditions and the water system in the affected area. It causes air pollution and it leads to the destruction of fauna and flora, too. Furthermore the problem is that coal is a non-renewable material, which will eventually be exhausted. Due to these negative impacts on environment and the importance of coal as the source of energy, the coal mining requires state regulation. Legislation regulation of mining activity in our country can be found in these three acts: The Mining Act No. 44/1988 Coll., The Act of Mining Activity No. 61/1988 Coll. and The Act of Geological Works No. 62/1988 Coll. These three acts are supplemented with number of subsidiary regulations. This thesis attempts to describe and analyze basic legal instruments of environmental protection, which are exercised in mining. The main sources for this thesis are the three above-mentioned Acts and Acts regulating particular elements of environment for example the Water Code, the Forest Code...

Protection of the Earth's climate system from the legal point of view This thesis aims to provide a broad view of legal protection of the Earth's climate within its six chapters. The first three chapters explain drivers of climate change law. Protection of the climate system has stemmed not only from science, but also to a large extent from the political situation and the performance of the world economy. Therefore, after introduction the second chapter examines the scientific basis of climate change and its evolution in time. The third chapter outlines the history of international negotiations which led to the conclusion of the three most important international instruments regulating climate change - the Framework Convention on Climate Change, the Kyoto Protocol, and the EU ETS Directive. The fourth chapter discusses economic approaches to internalization of global warming costs. The core of the thesis analyzes the legal framework addressing climate change. The analysis is devoted to the backbone of international instruments laid down in the Framework Convention on Climate Change and the Kyoto Protocol, and to one of the most significant regional instruments - European emission allowances trading. Therefore, the fourth chapter on the Framework Convention on Climate Change examines the Convention...

Resumé: Protection of the ozone layer of the Earth from the perspective of law This thesis is dealing with protection of the ozone layer. I chose this topic because I consider ozone layer as a very important folder of the environment and its weakening is of global nature and for its protection it was necessary to involve as many countries as possible. This work is focused mainly on the development of ozone layer protection at the international level and on current legislativ. It also includes the European Union's approach to this problem. In the beginning of my thesis I'm trying to explain what is ozone, which substances deplete the ozone layer and which principles and tools are used for its protection. Chapter two is dedicated to the development of ozone layer protection. It includes the beginnings of the international cooperation which began to take shape in the middle of the 70s when was published the first scientific work, which pointed to damage of ozone layer by halogenated hydrocarbons. International cooperation resulted to the adoption of the Vienna Convention for the Protection of the Ozone Layer and later to its implementation protocol - Montreal protocol, in September of 1987. The Montreal Protocol was considered an exceptional success of diplomacy in the sphere of environmental protection but in...

With the adoption of the Act on Promotion of Use of Renewable Energy Resources in 2005, the Czech Republic took a significant step forward to examine the economic field of energy in general in light of environmental and climate protection. With this act, the Czech Republic followed the example of other European Union member states in asserting the goal of reducing greenhouse gas emissions and seeking alternative energy resources in the spirit of the Kyoto Protocol obligations. The goal of this Master's thesis is to present and logically analyze the relevant legal legislation concerning renewable resources passed in the Czech law. The emphasis of this analysis of the Act No. 180/2005 Sb. on the Promotion of the Use of Renewable Energy Resources in the context of energy law, whereby the attention is placed on promotion of energy production, those in the Czech Republic represent two alternative schemes: "feed-in tariff" and "green bonus certificates." With the broad definition of renewable energy resources in the introduction, this thesis comprises a basic overview of this comprehensive legal problem. This thesis consists of five separate chapters, which are closely related.

The aim of this paper is to focus on the legislation of the organic agriculture in The Czech Republic. This paper summarises the relevant legislation in The Czech Republic in accordance with the legislation of The European Union. The thesis is composed of nine chapters and each addresses various aspects of the organic agriculture. In order to create a complete summary of this topic, each chapter builds on the previous one. Chapter One introduces the topic of my thesis. The chapter is subdivided into three subchapters and each subchapter discusses the basic relations of the organic agriculture, the protection of the environment, the historical development of the organic agriculture in The Czech Republic and in the world and the current development based on statistics. Chapter Two looks at the international organization and its participants in the organic agriculture. The First subchapter deals with the international and interstate Organization OSN of Nutrition and Agriculture, Second concentrates on other international organizations and Third subchapter focuses on the most important participants of the organic ecology in The Czech Republic. Chapter Three contains the legislation, in the First subchapter is highlighted the European legislation, its development and the current valid legislation, the...

Climate system protection from the legal point of view The global warming is one of the most serious and acute problem, that is touching all the global society. Growing of the greenhouse gasses is evoking the change of climate system, especially the warming of the Atmosphere and the Earth. In the last 100 years the temperature rises, what cause a lot of problems not just on the environment, but impacts on human health and society. Many of recent scientist studies clearly indicate, that climate changes are a result of human activities. Consequences of the global warming have been observed for several years, included rising global average temperature, rising of the sea level, melting glaciers and severity of extremes such as heat waves, cold waves, storms, floods and droughts. To preclude this consequences, there is necessary a global action with participation of every country. The aim of the diploma thesis is an introduction to the reader create a picture of the functioning of the climate system and its changes, causes and consequences of these changes and clarify the activities to protect, whether it is the activities of international, multinational or the Czech Republic. Finally, I will try to assess the individual activities and measures, including measures of adaptation, or to compare them and...

The purpose of my thesis is to analyse the legal regulations related to the protection of animals against cruelty. Many jurisdictions around the world have enacted statutes which forbid cruelty to animals because of the recognition of an animal's ability to feel pain. I also tried to summarize also the legal sources in European as well as in our legislation. The thesis is composed of four chapters, each of them dealing with different overview of animal cruelty laws. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into four parts. These parts deal with philosophical claims about the status of animals and the first tendency to protect them. Part Four focuses on animal welfare. Animal welfare is the viewpoint that all animals, especially those under human care, should be treated in such a way that they do not suffer unnecessarily. Chapter Two reports on international protection of animals. Many organizations all around the world are trying to convince governments and key decision makers to change practices and introduce new laws to protect or improve the welfare of animals. The most important Conventions signed by the member states of the Council of Europe are mentioned. Chapter Three is concerned with the European Union and its approach to...